Court of Appeal for Ontario
Date: 2017-03-10 Docket: C62540
Judges: Feldman, Rouleau and Roberts JJ.A.
Between
Her Majesty the Queen Respondent
and
Tetomar Alanzo Brown Appellant
Counsel
Mitchell Chernovsky, for the appellant
Brett Cohen, for the respondent
Hearing and Appeal
Heard: March 9, 2017
On appeal from the sentence imposed on March 8, 2013 by Justice Jane E. Kelly of the Superior Court of Justice, sitting without a jury.
Appeal Book Endorsement
[1] The Crown agrees that the appeal be allowed in respect of the error in credit accorded for pre-sentence custody. Leave to appeal sentence is granted, the appeal is allowed, pre-sentence custody is to be accorded credit of 1.5 to 1 resulting in a reduction of the sentence from 10 years 290 days to 9 years 251 days crediting pre-trial custody of 3 years, 114 days instead of 2 years 75 days.